A v M (No.3)

A v M (No.3)

The wife's application to set aside the financial remedy order is not struck out. There was no express debarring order, and the delay in bringing the application, while regrettable, does not amount to an abuse of process in the context of the husband's admitted misrepresentation. The balance of prejudice favours allowing the application to proceed, consistent with the principle that fraud should not be shielded by procedural default.

Parties
Applicant Wife: A; Respondent Husband: M
Jurisdiction
England and Wales
Judgment Date
11 May 2024
Procedural Posture
Family/financial Remedy / Application to Strike Out Set Aside Application
Outcome
Application to strike out dismissed
Legal Topics
Financial Remedies, Set Aside Applications, Abuse of Process, Fraud in Financial Proceedings
Family Law Financial Remedies Set Aside Applications Abuse of Process Fraud in Financial Proceedings

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Parties

A

Applicant Wife

M

Respondent Husband

Procedural Posture

Family/financial Remedy / Application to Strike Out Set Aside Application

Legal Issues

  1. 1 Whether the wife's application to set aside a financial remedy order for misrepresentation should be struck out as an abuse of process or for procedural default

Ratio Decidendi

The wife's application to set aside the financial remedy order is not struck out. There was no express debarring order, and the delay in bringing the application, while regrettable, does not amount to an abuse of process in the context of the husband's admitted misrepresentation. The balance of prejudice favours allowing the application to proceed, consistent with the principle that fraud should not be shielded by procedural default.

Court Disposition

Application to strike out dismissed

Orders

  • Husband's application to strike out the wife's set aside application is dismissed.
  • Proceedings to be adjourned for mediation at an appropriate time.